Page No.# 1/4 GAHC010055312024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1611/2024 SACHINDRA CHOUDHURY SON OF LATE PRAFULLYA CHOUDHURY, RESIDENT OF VILL- NOMALPUR, P.O.- SIDLI, DIST.- CHIRANG, ASSAM. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY ITS COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT, JANATA BHAWAN, DISPUR, GUWAHATI- 781006. 2:SECRETARY SOCIAL JUSTICE EMPOWERMENT DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI- 781006. 3:DIRECTOR TRIBAL AFFAIRS (P) ASSAM GUWAHATI- 781006. 4:THE SUB-DIVISIONAL WELFARE OFFICER KAJALGAON P.O.- KAJALGAON DIST.- CHIRANG ASSAM Page No.# 2/4 PIN- 783373. 5:TREASURY OFFICER BIJNI DIST.- CHIRANG ASSAM PIN- 783390 Advocate for the Petitioner : MR. B K DAS, MR H P GUWALA,H P NEOG Advocate for the Respondent : SC, SOCIAL WELFARE, MR R DHAR (SC, TRIBAL AFFAIRS DEPT.),MR R M DAS (SC, SOCIAL JUSTICE DEPT.),SC, FINANCE,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 18/02/2025 Heard Mr. B.K. Das, learned counsel for the writ petitioner. Also heard Mr. R. Dhar, learned Additional Senior Government Advocate, Assam, appearing for the respondent nos. 3 & 4 as well as Mr. C. Sarma, learned Standing Counsel, Social Welfare Department, Assam, representing the respondent nos. 1 & 2. Mr. P. Nayak, learned Standing Counsel, Finance Department, Assam and Standing Counsel, BTC, is present on behalf of the respondent no. 5. The petitioner herein was originally appointed as an LDC cum Typist by the respondent no. 3 by order dated 10/12/1985 and posted in the office of the respondent no.4. While serving as LDA- cum-Typist, the petitioner was placed under suspension for unauthorized absence from duty for a period of 42 days. Thereafter, a departmental inquiry was initiated against him. After the Enquiry Officer submitted the Enquiry Report dated 22/02/1989, the matter was examined by the Disciplinary Authority, whereafter, a decision was taken not to impose any penalty upon the petitioner. Consequently, it was ordered that the salary and annual increment of the petitioner with effect from 29/10/1988 be fixed as per the revised pay scale. Notwithstanding the same, the arrear salary and Page No.# 3/4 allowances of the petitioner has not been paid till today. Mr. Das submits that his client has retired from service on attaining the age of superannuation, whereafter, he was released on 31/07/2020. The instant writ petition has been filed with a prayer to issue a direction upon the respondents to release the arrear pay and allowances of the petitioner which have been withheld since 29/10/1988. The respondent no. 3 has filed counter affidavit. The statements made in para 7 to 9 of the counter affidavit are significant for this case and, therefore, the same are being reproduced herein below for ready reference :- “7. That with regard to the statement made in paragraphs no. 12 of the writ petition the answering deponent begs to state that the incumbent retird on 30/06/2020 on superannuation. The SDWO, Kajalgaon from where the incumbent got retired submitted an incomplete Service Book to the undersigned on 22/10/2021. However, on receipt of complete pension papers including the Service Book from the SDWO, Kajalgaon on 09/02/2023, the pension papers of Sri Sachindra Choudhury were submitted to the Principal Accountant General (A&E) Assam for release of his pension & DCRD after releasing the leave encashment benefit. 8. That with regard to the statements made in paragraph no. 13 of the writ petition, the answering deponent begs to state that the SDWO, Kajalgaon has been asked to submit arrear claim along with due and drawn statement with effect from 29/10/1988, after which the arrear pay could be ascertained and processed for sanction. 9. That with regard to the statement made in paragraph no. 18 of the writ petition the answering deponent begs to state that on receipt of the arrear pay details from the SDWO, Kajalgaon, the arrear salary with effect from 29/10/1988 could be processed for sanction.” By referring to the statements made in the counter affidavit filed by the respondent no. 3, Mr. R. Dhar, learned Additional Senior Government Advocate, Assam, has submitted that the writ petition can be disposed of with a direction upon the authorities to release the arrear salary and allowances of the petitioner in a time bound manner. The other departmental counsel present in this case have also agreed to the said submission. Page No.# 4/4 In view of the above and as agreed to by the petitioner’s counsel, this writ petition stands disposed of by providing that within six months from today, the concerned authorities shall to the needful so as to ensure that all outstanding dues including the arrear salary and allowances payable to the petitioner is released in his Bank account. It is made clear that if the amount is not released within six months from today, the same would carry interest @ 12% p.a., to be computed on the payable dues of the petitioner with effect from the date of this order till realization of the entire amount. With the above observations, the writ petition stands disposed of. JUDGE Comparing Assistant